PUTRAJAYA: The Federal Court today ordered the former driver of local actress Zahida Rafik to return the RM200,000 stolen from her seven years ago.
In delivering the unanimous decision, justice Azahar Mohamed said Zahida had proven her counter-claim against Noor Azman Azemi.
Azahar said that Noor Azman, in his appeal, had complained of miscarriage of justice when the Court of Appeal asked him to prove the basis of his allegations against Zahida.
“We went through the lower court’s judgment and record of appeal for the trial, and we did not find any miscarriage of justice,” he said in dismissing Noor Azman’s appeal against the order to repay the money to Zahida.
However, the court also ruled that Zahida had failed to justify her move to disclose her police report against Azman to the media.
“In her testimony, she did not explain why it was necessary to repeat the content of the report at her press conference. The defence of absolute privilege cannot be accorded to her,” Azahar said.
The panel made no order to costs after Noor Azman’s lawyer, Gopal Sri Ram, told the court that his client was not in a position to pay a high amount.
Zahida was not present in court today, while Noor Azman left shortly after the decision was pronounced.
Speaking to reporters outside the court, Zahida’s lawyer Muhammad Shafee Abdullah said she had been vindicated by the decision.
“It confirms the fact that her money was stolen by the driver, and that she was justified in making the claims.”
He added that Noor Azman was now obliged to return the RM200,000 with interest of 4% from 2013, when Zahida filed the counter-claim.
In 2015, the High Court ordered Zahida to pay RM150,000 for defaming Noor Azman as well as RM40,000 in costs.
However, she won her appeal against the ruling in 2017, when the Court of Appeal allowed her counter-claim to compel Noor Azman to return the RM200,000.
Noor Azman filed his leave to appeal at the Federal Court in 2017. - FMT
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